PHOENIX (AZFamily) — Arizona lawmakers on both sides of the aisle agree on one thing: There is an immigration crisis. What they don’t agree on is how to fix it.

Proposition 314 would make one misdemeanor for non-citizens to enter Arizona from anywhere other than an official port of entry.

Illegal entry and reentry is already a federal crime, punishable by a fine and/or prison time.

The ballot measure would also allow local police to arrest those crossing the border illegally and for state judges to order deportations.

Additionally, it would constitute a minor offense for those who submit false information or documents for employment or public benefits. Proposition 314 would also make selling fentanyl a Class 2 felony if the person knowingly sells the drug and another person dies from the substance.

Republican state Sen. John Kavanagh said letting local law enforcement enforce the measure would arrest more human traffickers, people on the terrorist watch list and drug traffickers.

“It’s about getting the worst of the worst.” The problem we have is that the Border Patrol is so preoccupied with processing all the bogus asylum seekers at the ports of entry that there are few border agents in the areas in between,” he said. declared.

Democratic state Rep. Analise Ortiz disagrees.

“This means our streets will be less safe because officers will have to choose between responding to thefts or burglaries, or doing double duty as border patrol,” she said.

FACT CHECK: Arizona lawmakers debate immigration ballot measure

Critics say Proposition 314 is similar to SB 1070, a controversial bill passed in 2010 that allowed police to request proof of citizenship if a person was suspected of being in the state illegally.

Ortiz argues that under Proposition 314, “we will also see civil rights violations.” We will see American citizens arrested and detained because they cannot immediately prove their citizenship. »

Kavanagh says that’s not entirely true and that the proposal only applies at the border between legal ports of entry.

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“Under SB 1070, all they needed was reasonable suspicion to make the first stop. Under this bill, you still have to have a higher level of probable cause, meaning it’s more likely than not that they’re breaking the law,” he said. “Another provision of this proposal would increase the penalty for someone who knowingly sells fentanyl and causes someone’s death.

According to the U.S. Department of Homeland Security, more than 90 percent of fentanyl is stopped at ports of entry.

Proposition 314 is modeled on a Texas law (SB4) the constitutionality of which is being examined by the United States Supreme Court.

Even if Arizona voters pass the law in November, it won’t take effect until the Texas bill is deemed legal.

LEARN MORE: Arizona Family Guide to Statewide Ballot Measures in 2024

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